IN THE HIGH COURT OF DELHI AT NEW DELHI

MAC.APP. 457/2007
Date of Decision: 09th July, 2009

ANIL KUMAR BALUNI & ORS.

..... Appellants

Through : Mr. Sandip Kumar, Adv.

versus

RAJESH KUMAR & ORS.

..... Respondents

Through : Mr. Sunil Sagar and

Mr. Vishal Sehijpal, Advs. for
R-1 and 2.
Mr. Ajit K.Singh,Adv. for R-3.
CORAM :THE HON'BLE MR. JUSTICE J.R. MIDHA
1.

Whether Reporters of Local papers may

Yes

be allowed to see the Judgment?

2.

To be referred to the Reporter or not?

Yes

3.

Whether the judgment should be

reported in the Digest?

Yes

JUDGMENT (Oral)

1.

The appellants have challenged the award of the

learned Tribunal whereby compensation of Rs.4,54,968/- has

been awarded to the appellants.
enhancement of the award amount.

MAC .APP.No.457/2007
Page 1 of 4

The appellants seek

2.

The accident dated 8th August, 2004 resulted in the

death of Rekha.

The deceased was aged 30 years at the

time of the accident and was survived by her husband and

two minor children who filed the claim petition before the
learned Tribunal.
3.

Appellant No.1 appeared as PW-1 before the learned

Tribunal and deposed that the deceased was giving tuitions

and was earning Rs.4,500/- per month and was also working
as

garment

checker

with

M/s

Mari

Gold

Corporation.

However, no documentary proof was placed on record to

prove the income of the deceased.

The learned Tribunal

assumed the deceased to be a housewife and took the

minimum wages into consideration to compute the loss of
dependency.
4.

The learned counsel for the appellant submits that the

learned Tribunal ought to have taken the value of the

services of the deceased at Rs.3,000/- per month to compute
the loss of dependency.

The learned counsel for the

appellant has referred to and relied upon the judgment of

Lata Wadhwa vs. State of Bihar, 2001 ACJ 1735 which is
recorded in para 11 of the award.

The learned counsel

further submits that the learned Tribunal erred in taking the

minimum wages to compute the loss of dependency.
5.

In para 11 of the award, the learned Tribunal has

assumed the deceased to be a housewife. In that view of the

MAC .APP.No.457/2007
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matter, the learned Tribunal ought to have taken the value of

the services rendered by the deceased as a housewife.
Following the judgment of Lata Wadhwa (supra), the value
of the services of the deceased as a housewife are taken to
be Rs.3,000/- per month.
6.

The deceased was aged 30 years at the time of the

accident and, therefore, the appropriate multiplier is 17

instead of 16 applied by the learned Tribunal. Applying the
multiplier of 17, the loss of dependency of the appellants is
computed to be Rs.6,12,000/- (Rs.3,000 x 12 x 17).
7.

The

learned

Tribunal

has

not

awarded

any

compensation towards loss of consortium, loss of love and

affection and loss of estate.

Rs.2,000/- has been awarded

towards funeral expenses and Rs.25,000/- has been awarded

towards mental pain and agony.
8.

Considering the facts and circumstances of this case,

Rs.10,000/-

is

awarded

towards

loss

of

consortium,

Rs.10,000/- towards loss of love and affection, Rs.10,000/towards loss of estate and the funeral expenses are
enhanced from Rs.2,000/- to Rs.5,000/-. There is no separate
provision to award the compensation towards mental pain
and agony and, therefore, the award of Rs.25,000/- towards
mental pain and agony is set aside.

MAC .APP.No.457/2007
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9.

The appellant shall be entitled to a sum of Rs.6,47,000/-

(Rs.6,12,000

Rs.10,000

Rs.10,000+

Rs.10,000

Rs.5,000).
10.

The appeal is allowed and the award amount is

enhanced from Rs.4,54,968/- to Rs.6,47,000/- along with

interest @7% per annum from the date of filing of the
petition till realization.
11.

The enhanced amount along with interest thereon be

deposited by respondent No.3 with the learned Tribunal

within a period of 30 days. The appellants shall have equal
share in the award amount. The share of appellant No.1 be
released to him whereas the shares of appellants No.2 and 3,
who are minors, be kept in fixed deposit till the date of their
attaining majority.
12.

Copy of this order be given Dasti to learned counsel

for the parties under signatures of Court Master.

J.R. MIDHA, J

JULY 09, 2009

aj

MAC .APP.No.457/2007
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